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HomeMy WebLinkAbout752-BADATE: March 5, 2020 TO: Board of Adjustment FROM: Katrina Purcell, Planner 1 SUBJECT: To consider a request to allow a Variance to the minimum side yard setback from 5 feet to 0 feet from the proposed lot lines. FILE: 752 -BA STAFF REPORT Mark Fertitta, an Agent for General Petroleum Co, has applied for a variance to the minimum side yard setbacks for the properties at 2850 Laurel, 2755 Liberty, and 205-2015 N 11th Street. The property is zoned GC -MD (General Commercial -Multifamily Dwelling) and therefore requires a 5 foot side yard setback . The existing structures were built very close to one another. The applicant is proposing to split this lot. However, if approved, this subdivision would create the setback violation discussed here. Therefore, a Variance to the side yard setbacks must be obtained Irst. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 8 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lots 1-6, Tract 1, Block 33, & Lot 6, Tract 3, Lots 7-12, Tract 2, Block 33, & Plat C6, Tract 59 & 59A, N Tevis, Lots 1-12, Tract 2, Block 33, Jarrett, Beaumont, Jefferson County, Texas, containing 2.047 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES NORTH: . Commercial EAST: Commercial SOUTH: Commercial WEST: Commercial COMPREHENSIVE PLAN: Mark Fertitta General Petroleum Co. 2850 Laurel, 2755 Liberty, and 205-2015 N 11th St GC -MD (General Dwelling) 2.047 acres, more or less Commercial Commercial -Multifamily X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: GC -MD (General Commercial -Multifamily Dwelling) GC -MD (General Commercial -Multifamily Dwelling) GC -MD (General Commercial -Multifamily Dwelling), LI (Light Industrial) & HI (Heavy Industrial) GC -MD (General Commercial -Multifamily Dwelling) Stable Area STREETS: Laurel & Liberty —Major Collectors with a 60' right-of-way and 35' pavement width. Eleventh (11th St — Major Arterial with an 80' right- of-way and 50' pavement width. DRAINAGE: Curb and Gutter WATER: Laurel St - 8" water line LibpAy St — 2" water line 11 th St N —12" water line SANITARY SEWER SERVICE: Laurel St — 21" sanitary sewer line LibgAy St — 8" sanitary sewer line 1 lth St N — 6" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' ALTUS BEAUMONT REALTY LP BEAUMONT ISD DIOCESE OF BEAUMONT GENERAL PETROLEUM CO LLC STEENBOK INC TK MEDICAL INVESTMENTS LLC TRUE VIEW REALTY PARTNERS TWO SET ASSET PROPERTIES LLC BOAR OF ADJUSTMENT APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLDWING: (Check One) () Appeal ariance () Special Exception application. APPLICANT'S NAME AND ADDRESS: AA*,K,4 zWn%%- APPLICANT'S PHONE NUMBER: Ljo j — 913 ^5 9f FAX 4: NAME OF OWNER: GFA?� H C pF-rRo c EK w? 40 4.4.4. ADDRESS OF OWNER: 0 BMT .j TK LOCATION OF PROPERTY: 7150 k Il k R FL ) 755 A 16,07Y ?©S —4/5 /17.1 Sr LEGAL DESCRIPTION OF PROPERTY: LOT NO. OR TRACT BLOCK NO. PLAT ADDITION SURVEY NUMBER OF ACRES NUMBER OF ACRES For properties not in a recorded subdivision, submit three copies of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. SUBMIT A LETTER STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FOR THE REQUEST. SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARING AND ACCESSORY STRUCTURES. ATTACH ADDITIONAL MAPS OR DRAWINGS AS MAY BE NECESSARY TO EXPLAIN OR DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRAWN TO SCALE. A PROCESSING FEE OF $250.00 MUST ACCOMPANY THIS APPLICATION. IF THIS APPLICATION IS GRANTED BY THE BOARD, I UNDERSTAND THAT ALL PERMITS NECESSARY FOR PROSECUTION OF THE WORD SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1) YEAR FROM THE DATE OFPERMISSI N�/BY THE BOARD OR IT SHALL BE CONSIDERED VOID. APPLICANT'S SIGNATURE: (/t- DATE: Z -17—Z0 PLEASE NOTE: THE APPLICANT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT COURT. PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 205 _, CITY HALL, 801 MAIN STREET FILE NUMBER:I :� Z ' IA BEAUMONT, TX 77701 DATE RECEIVED: 2-Iq - Z7W P.O. BOX 3827 77704 RECEIPT NUMBER: (409) 880-3764 FAX (409) 880-3133 FERTITTA REALTY, INC. P O BOX 12400 BEAUMONT, TEXAS 77726-2400 TEL 409-839-4428 FAX 409- 832-4344 February 18, 2020 City of Beaumont Texas P.O. Box 3927 Beaumont, Texas 77704 )Wb CE RE: Re -Plat 205- 215 11"' Street, Beaumont, Texas. Dear Sir: Please accept this letter as my requesAo re -plat the property locateiin the 205-215 block of 11th Street in Beaumont, Texas. The re -plat is needed as the property will be divided into two parcels and the existing building will have a zero lot line between them. S'cerely Yours: Mark A. tiZ BEAUMONT, The Board of Adjustment has the power to grant variances where the following listed conditions have been met. Indicate how your application meets each of these conditions in the space following each condition. (The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met). Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the following conditions have been met: CONDITION A: That the granting of the variance will not be contrary to the public interest. THIS pc.rory ♦5 Xyi5T1Nb- Alto is owAoeev ey pwx ow,v ,r Tb xox Two 0o 0161.0 . r141s 009NIC0 Av RoAof /!"AIion 6Ab4 A. 4P,0 a,omrK CONDITION B: , That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's own actions. AI V T Q JN i- A BLE ra p J V J a r rWX /oRr O,'+e 4 Y AS AWr rn 4C CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. #Y #. �ti)vJAr.',d w�-4- L89' F��v,� lH/- ,B�iy17+1t/� GaX� 1jF 7S#VANT P I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. 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I ation: -2850 Laurel, 2755 Liberty, 205 — 215 N 11th St 0 100 200 1 1 1 1 Feet